Hogue says Freeman didn't go the club with the other suspects and that there is a difference between being a gang member and being to one who actually did the shooting.

"I asked the officer what additional evidence you have to support the claim that Freeman is trying to kill Davis," Hogue said, "It's one thing to get into a fight in a nightclub. It's a totally different issue to say you're trying to kill him."

Hogue's argument did not sway the judge, who allowed Freeman's case to move forward.